TRANSACTION SENDER NUMBER:IND 05-052017

r
AGREEMENT NUMBER: 05-052017
DATE: May 6, 2017

i to
AGREEMENT ON DELIVERY OF CASH FUNDS FOR INVESTMENTS
TRANSFER VIA IP/IP CODE SERVER
No. 05-052017

Ed
This AGREEMENT ON DELIVERY OF CASH FUNDS MUTUALLY AGREED TO ENTER INTO THIS AGREEMENT ON
INVESTMENT – HUMANITARIAN FUNDINGTRANSFER VIA IP/IP CODE SERVER (hereinafter referred to as
AGREEMENT) is made and effective on this May 6, 2017.

BETWEEN:
“FIRST PARTY” with full legal and corporate authority to sign this Agreement, hereinafter referred to as

F
“SENDER” ON THE ONE SIDE:

COMPANY NAME FIRST FINANCIAL AG

PD
BUSINESS ADDRESS: 10, Trayanovivrata Str., Sofia 1408, Bulgaria
REPRESENTED BY: Mr. PARVANOV ANGUEL IVANOV
TITLE Director
PASSPORT NUMBER: P 7075336
DATE ISSUED PLACE: 07.05.2013
DATE OF EXPIRY: 06.05.2023
COUNTRY: Sofia
And
te r
“SECOND PARTY” with full legal and corporate authority to sign this Agreement, hereinafter referred to as
“SERVICE PROVIDER/RECEIVER”, ON THE OTHER SIDE:

NAME PT SIM AERO INDONESIA

ADDRESS KOTA ADMINISTRASI JAKARTA SELETAN
as

REPRESENTED BY: Mr.TAN AH CHAI

IDENTITY CODE Mr. Thomas Altmann
PASSPORT NUMBER A 35474955
ISSUED PLACE MALAYSIA
DATE ISSUE 01.07.2015
nM

DATE EXPIRY 01.01.2021.

BANK NAME PT BANK UOB INDONESIA
BANK ADDRESS PUSAT CROSIR METRO, TSNAH ABANG BANKING CENTER LT 7 UNIT 1,
JL.187-189 TANAH ABANG JAKARTA,10230, INDONESIA
ACCOUNT NAME PT SIM AERO INDONESIA
ACCOUNT No. / IBAN: 66 89 00 08 16
SWIFT CODE BBIJIDJA
di

WHEREAS, are individually known as SENDER and RECEIVER and jointly known as PARTIES; and

WHEREAS, SENDER is holding an account with cash funds to be transferred to RECEIVER designated account via
IP/IP Code Server aiming at investments; and
a te

WHEREAS, RECEIVER is ready, willing and able to receive said cash funds into its designated account via IP/IP
Code Server and to execute the distribution and transfer of said received funds to designated parties and bank
accounts via SWIFT Message MT103, in accordance to the terms and conditions in this AGREEMENT; and

WHEREAS, RECEIVER has further made arrangement with a third party (hereinafter referred to as FACILITATOR), to
facilitate the execution of the said delivery of cash funds for investments and RECEIVER and FACILITATOR shall
authorize and instruct their designated TRUSTEE to receive said funds and proceed on the agreed distribution
re

and transfer of cash funds, in accordance to the terms and conditions in this AGREEMENT;

NOW, THEREFORE, it is agreed as follows:

Sender: Page1of12 Receiver:
 TRANSACTION SENDER NUMBER:IND 05-052017

r
AGREEMENT NUMBER: 05-052017
DATE: May 6, 2017

i to
FIRST PARTY’s Statement
SENDER represents and warrants that it has full corporate responsibility permission to enter into this
AGREEMENT. It hereby declares under penalty of perjury that the funds are good, clean, clear, and free of non-
criminal origin, and are free and clear of all liens, encumbrances and third party interest.

Ed
By signing this AGREEMENT, SENDER represents and warrants that it is giving to RECEIVER and its designated
parties, full details of the operation, bank details, people direct contact details in order that the receiver has full
legal authority to download said cash funds via IP/IP Code Server and distribute and transfer cash funds via
SWIFT Message MT103, as per agreed terms and conditions in this AGREEMENTENT.

DETAILS OF TRANSACTION.

F
INSTRUMENT: IP/IP SPECIAL TRANSFER SWIFT
TOTAL: €500,000,000.00 (FIVE HUNDRED MILLION EURO) WITH R&E
€49,208,305.00 (NINETY-NINE MILLION TVO HUNDRED EIGT THOUSAND
FIRST TRANCHE:

PD
FIVE HUNDRED EURO)
EACH FOLLOWING TRANCHE: AS AGREED BY THE PARTIES
SHARING RATIO FOR SENDER: 45.0% (FORTY FIVE PERCENT) OF TOTAL FOR THE SENDER
SHARING RATIO FOR RECEIVER: 55.0% (FIFTY FIVE PERCENT) OF TOTAL FOR THE RECEIVER
PAYMENT: SWIFT MT103/202 BANK TRANSFER IN 48-72 HOURS
IT'S UNDERSTOOD THAT THE AMOUNT AND TIMING OF TRANCHES
NOTE:
ARE DEFINED BETWEEN THE PARTIES.
te r
PROCEDURES:
1. SENDER AND RECEIVER EXECUTE, SIGN AND SEAL THIS DEED OF AGREEMENT WITH THE DISTRIBUTION OF
THE FUNDS AS STATED COMMISSIONS, WHICH THEREBY AUTOMATICALLY BECOMES A FULL COMMERCIAL
RECOURSE CONTRACT. THIS SERVICE IS FOR BANK CUSTOMERS WHO REQUIRE CONFIDENTIALITY AND IT IS
NOT A TELEGRAPHIC OR SWIFT TRANSFER.
as

2. RECEIVER IS OBLIGATED TO PROVIDE THE SENDER WITH NECESSARY DETAILS (ACCOUNT, BENEFICIARY
CODES, PASSWORD, ID CODE ETC) FOR THE UPLOAD OF THE FUNDS TO THE COMMON ACCOUNT BY THE
SENDER'S BANK OFFICER.
3. UPON THE ABOVE SENDER WILL UPLOAD THE FUNDS TO THE BANK ACCOUNT AND ON SUCCESS WILL
PROVIDE TO THE RECEIVER A SECURE COPY OF THE SERVER SLIP WIT THE DETAILS OF THE TRANSFER
nM

(ACCOUNT, BENEFICIARY, AMOUNT, ID CODE, TRANSACTION CODE ETC).

4. UPON THE RECEPTION OF THE SLIP CODE THE RECEIVER PROVIDES THE SENDER WITH SIGNED AGREEMENTS
ACCEPTED BY THE RECEIVER’S BANK FOR FURTHER PAYMENTS (RE-DISTRIBUTION/ RE-INVESTMENT)
ACCORDING TO THE SENDER’S WRITTEN ORDER.
5. UPON THE SUCCESSFUL DOWNLOADING OF THE FUNDS, RECEIVER’S BANK OFFICER IS RESPONSIBLE TO
BLOCK AND WITHIN FOUR DAYS TO RE-DISTRIBUTE, FOR RE-INVESTMENT PURPOSES, THE FUNDS VIA SWIFT
MT103/202, FEES PAID BY THE RECEIVER ACCORDING TO THE SENDER’S WRITTEN ORDER.
di

6. ALL OTHER TRANCHES WILL BE MADE BY THE SENDER, RECEIVED AND RE-DISTRIBUTED/ RE-INVESTED BY THE
RECEIVER UNDER THE UP-MENTIONED PROCEDURE.
SENDER BANK DETAILS – FIRST PARTY

1 BANK INSTITUTION: DEUTSCHE BANK AG

a te

2 BANK ADDRESS : TAUNUSANLAGE 12,FRANKFURT AM MAIN, GERMANY

3 BANK ACCOUNT NAME : FIRST FINANCIAL AG

4 BIC / SWIFT CODE: DEUTDEFFXXX

re

5 BANK OFFICER NAME: MR. MARCUS SCHENCK

Sender: Page2of12 Receiver:

 TRANSACTION SENDER NUMBER:IND 05-052017

r
AGREEMENT NUMBER: 05-052017
DATE: May 6, 2017

i to
6 BANK OFFICER TEL: +49 69 410 32010-60 /odder/, +49 69 910 81 43

7 CLEARING HOUSE CODE: DEUT-HEBA37890672

8 GLOBAL SERVER IP: 193.150.166.0/24/193.150.166.0/243

Ed
9 GLOBAL SERVER ID: AS 8373

10 IDENTITY CODE: 27C DB FR DE 17BEH

11 UTR: DEUT997856743216

F
12 TRANSACTION CODE ID: 090512DEUTDEFFXXX886479

13 REFERENCE NO.: DEUT997856743216:

PD
14 UNIQUE TRANSACTION NO. DEUT997856743216
(UTR):

15 REFERENCE NO.: DEUT997856743216:

16 COMMON ACCOUNT NO.: 947259564

te r
17 IDENTITY CODE: 27C DE FR DE 17BEH 27C

18 SORT CODE: 678 691 681

19 RECEIVING SERVER IP: 193.150.166.0/24

as

20 FARM FARM 42

21 CLIENT NAME: FIRST FINANCIAL AG

22 USER NAME: 493069K1

nM

23 USER ID: FGN470

24 PERMIT ARRIVAL MONEY N: SCF-664M388RT667

25 CLIENT NR: 000000000SRT-RN- 388 -37862BEH17RLN000000

26 WTS SERVER: S0200235 OR S020005635

di

27 LOGON DOMAIN: DEUBA

28 LOGON SERVER: FRAESWDBEP 21

a te

29 FARM NAME: FARM 42

30 USER NAME: 493069K1

31 USER ID: FGN470

re

RECEIVER BANK DETAILS – SECOND PARTY

Sender: Page3of12 Receiver:

 TRANSACTION SENDER NUMBER:IND 05-052017

r
AGREEMENT NUMBER: 05-052017
DATE: May 6, 2017

i to
enforce their rights under this AGREEMENT by actions for injunctive relief and specific performance.
Prior Agreements; Construction; Entire Agreement.
This AGREEMENT, including the Exhibits and other documents referred to herein (which form a part hereof),
constitutes the entire agreement of the PARTIES with respect to the subject matter hereof, and supersedes all

Ed
prior agreements and understandings between them as to such subject matter and all such prior agreements
and understandings are merged herein and shall not survive the execution and delivery hereof. In the event of
any conflict between the provisions of this AGREEMENT and those of any joint ventures agreement, the provisions
of the applicable joint venture agreement shall control.
Amendments.
This AGREEMENT may not be amended, altered or modified except (i) upon the unanimous by instrument in
writing and signed by each of SENDER and RECEIVER.

F
Severability.
If any provision of this AGREEMENT shall be held or deemed by a final order of a competent authority to be
invalid, inoperative or unenforceable, such circumstance shall not have the effect of rendering any other

PD
provision or provisions herein contained invalid, inoperative or unenforceable, but this Agreement shall be
construed as if such invalid, inoperative or unenforceable provision had never been contained herein so as to
give full force and effect to the remaining such terms and provisions.
Counterparts.
This AGREEMENT may be executed in one or more counterparts, all of which shall be considered one and the
same agreement, and shall become effective when one or more such counterparts have been signed by each of
the PARTIES and delivered to each of the PARTIES.
Applicable Law; Jurisdiction.
te r
This AGREEMENT shall be governed by and construed in accordance with the laws of the Kingdom of England.
Waiver of Jury Trial.
The PARTIES hereto hereby irrevocably and unconditionally waive trial by jury in any legal action or proceeding
relating to this AGREEMENT and for any counterclaim therein.
Arbitration.
as

Every attempt shall be made to resolve disputes arising from unintended or inadvertent violation of this
contractual agreement as far as possible amicably. In the event that adjudication is required, local legal process
shall be preceded with according to the principal of the ICC as above indicated. Where judicial resolution is not
thereby achieved, this matter shall be settled by the ICC itself and the decision of which the PARTIES shall
consider to be final and binding. No State court of any nation shall have subject matter jurisdiction over matters
nM

arising under this AGREEMENT.

No Rights of Third Parties.
(I) This AGREEMENT is made solely and specifically between and for the benefit of the parties hereto and their
respective members, successors and assigns subject to the express provisions hereof relating to successors and
assigns, and (II) no other Person whatsoever shall have any rights, interest, or claims hereunder or be entitled to
any benefits under or on account of this AGREEMENT as a third-party beneficiary or otherwise.
Survival.
di

The covenants contained in this AGREEMENT which, by their terms, require performance after the expiration or
termination of this AGREEMENT shall be enforceable notwithstanding the expiration or other termination of this
AGREEMENT.
Headings.
Headings are included solely for convenience of reference and if there is any conflict between headings and the
a te

text of this AGREEMENT, the text shall control.

Currency.
Any exchange of funds between SENDER and RECEIVER shall be made in the same currency in which SENDER
transferred the investment fund (Article III; Section 3.0.5.; (b)). In addition, all calculations pursuant to this
AGREEMENT and any joint venture agreement shall be based on ICC regulations.
re

Sender: Page6of12 Receiver:

 TRANSACTION SENDER NUMBER:IND 05-052017

r
AGREEMENT NUMBER: 05-052017
DATE: May 6, 2017

i to
SIGNATURE PAGE FOLLOWS
SENDER RECEIVER

NAME: MR. PARVANOV ANGUEL IVANOV NAME: Mr. TAN AH CHAI

Ed
F
PD
COMPANY: FIRST FINANCIAL AG COMPANY: PT SIM AERO INDONESIA
PASSPORT NUMBER: P 7075336 PASSPORT NUMBER: A 35474955
PASSPORT ISSUE DATE: 07.05.2013 PASSPORT ISSUE DATA: 01 JUL 2015
te r
PASSPORT EXPIRY DATE: 06.05.2023 PASSPORT EXPIRY DATE: 01 JAN 2021
COUNTRY OF ISSUE: SOFIA COUNTRY OF ISSUE: MALAYSIA
DATE: May 6, 2017 DATE: May 6, 2017
as
nM
di
a te
re

Sender: Page7of12 Receiver:

 TRANSACTION SENDER NUMBER:IND 05-052017

r
AGREEMENT NUMBER: 05-052017
DATE: May 6, 2017

i to
SENDER COMPANY’S CEO PASSPORT

Ed
.

F
PD
te r
as
nM
di
a te
re

Sender: Page8of12 Receiver:

 TRANSACTION SENDER NUMBER:IND 05-052017

r
AGREEMENT NUMBER: 05-052017
DATE: May 6, 2017

i to
SENDER’s REGISTRATION DOCUMENT

Ed
F
PD
te r
as
nM
di
a te
re

Sender: Page9of12 Receiver:

 TRANSACTION SENDER NUMBER:IND 05-052017

r
AGREEMENT NUMBER: 05-052017
DATE: May 6, 2017

i to
RECEIVER PASSPORT

Ed
F
PD
te r
as
nM
di
a te
re

Sender: Page10of12 Receiver:

 TRANSACTION SENDER NUMBER:IND 05-052017

r
AGREEMENT NUMBER: 05-052017
DATE: May 6, 2017

i to
RECEIVER’s REGISTRATION DOCUMENT

Ed
F
PD
te r
as
nM
di
a te
re

Sender: Page11of12 Receiver:

 TRANSACTION SENDER NUMBER:IND 05-052017

r
AGREEMENT NUMBER: 05-052017
DATE: May 6, 2017

i to
Ed
EDT (ElectronicDocumentTransmissions)
EDT’s shall be deemed valid and enforceable in respect of any provisions of this Contract. As applicable, this agreement shall:
Incorporate U.S. Public Law 106-229, ‘‘Electronic Signatures in Global and National Commerce Act’’ or such other applicable law
conforming to the UNCITRAL Model Law on Electronic Signatures (2001) and
1. ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257, Geneva, May 2000) adopted by the United Nations Centre for Trade
Facilitation and Electronic Business (UN/CEFACT).
2. EDT documents shall be subject to European Community Directive No. 95/46/EEC, as applicable. Either Party may request hard

F
copy of any document that has been previously transmitted by electronic means provided however, that any such request shall in no
manner delay the parties from performing their respective obligations and duties under EDT instruments.
ELECTRONIC TRANSMISSIONS: Each party is to sign and initial this Agreement and send copies to the other party via Electronic Mail
and shall be considered the same as an original. When each party has completed copies of this Electronic Mail from the other party,

PD
the Agreement is considered to be finalized by all parties. The parties consent and agree to be bound contractually by electronic
communications relative to the matters addressed in this Agreement. By executing this Agreement both parties acknowledge that they
have the hardware and software required to receive and transmit communications (emails and email attachments) electronically to
each other, in generally-acceptable business formats (such as, but not limited to, Microsoft Excel PowerPoint). Both parties specifically
agree to do business with each other electronically.
The Parties hereto covenant and agree that each of them will execute such other and further instruments and/or documents as may
become reasonably necessary so as to effectuate the purpose of this Agreement.
In Witness whereof, the Parties have executed this Agreement the date first above
te r
as
nM
di
a te
re

Sender: Page12of12 Receiver: